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MikeJ13 (Texas)
Posts: 3
Posted:
Our ByLaws doesn't have a collection policy but following. Does it mean HOA can choose a collection policy against member who doesn't pay due on time?

7.5. IMPOSITION OF FINE. Within 30 days after levying the fine or authorizing the abatement,
the board must give the owner notice of the levied fine or abatement action. If the fine or action is
announced at the hearing at which the owner is actually present, the notice requirement will be
satisfied. Otherwise, the notice must be in writing.
7.5.1. Amount. The board may set fine amounts on a case by case basis, provided the
fine is reasonable in light of the nature, frequency, and effects of the violation. The board may
establish a schedule of fines for certain types of violations. The amount and cumulative total of
a fine must be reasonable in comparison to the violation. If the board allows fines to accumulate,
it may establish a maximum amount for a particular fine, at which point the total fine will be
capped.
7.5.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on
a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing, but is instead
sporadic or periodic, the fine may be levied on a per occurrence basis.
7.5.3. Other Fine-Related. The Association is not entitled to collect a fine from an owner
to whom it has not given notice and an opportunity to be heard. The Association may not charge
interest on unpaid fines. The Association may not foreclose its assessment lien on a debt
consisting solely of fines. The board may adopt a collection policy that applies owners‘ payments
to unpaid fines before retiring other types of assessments.

7.6. REIMBURSEMENT OF EXPENSES AND LEGAL FEES. In addition to any other rights set forth
in the Governing Documents for violation of a provision of the Governing Documents, the board may
levy and collect individual assessments for reimbursement of reasonable fees and expenses, including
without limitation legal fees, incurred by the Association to enforce the Governing Documents, including
the collection of delinquent assessments, subject to the following conditions:
7.6.1. Notice. The Association must give the owner written notice that the owner will be
liable for reimbursement of any such fees and expenses incurred by the Association if the
delinquency or violation continues after a date certain that is stated in the notice. This notice
requirement does not apply to legal fees incurred by the Association in connection with the
Association's counterclaim in a lawsuit to which an owner is a plaintiff.
7.6.2. Hearing. If legal fees are incurred by the Association for an action requiring notice
and hearing, the owner is not liable for reimbursement of legal fees incurred (1) before the date
by which the owner must request a hearing, if the owner does not request a hearing, or (2)
before conclusion of the hearing, if the owner does request a hearing.
7.6.3. Records. By written request, an owner may obtain from the Association copies of
any invoices for charges, including legal fees, for which the Association seeks reimbursement.
During the Development & Dec/arant Control Periods, Appendix C of the Declaration has priority over these Bylaws.
7.6.4. Forecloure. In connection with a nonjudicial foreclosure of the Association's assessment lien, applicable law, such as Chapter 209 of the Texas Property Code, may establish a limit for the amount of attorneys fees that the Association may include in its lien.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
You don't get to pick one from the list, you must follow all of them.
MikeJ13 (Texas)
Posts: 3
Posted:
Quote:
Posted By SteveM9 on 06/18/2013 8:19 AM
You don't get to pick one from the list, you must follow all of them.

Does any of them say the board can choose a collection policy?
RogerB (Colorado)
Posts: 5,067
Posted:
Mike, check your Bylaws. Bylaws normally give the HOA Board to power and authority to establish Rules and Regulations including delinquent accounts. There should always be established published HOA policies and Procedures for Delinquent accounts which includes late charges.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Guess I'm not sure what your asking. What you posted looks like a collection policy to me. It covers lateness, enforcement, notice, hearings, legal fees, etc.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

What I interpret what you cited from your Bylaws is an enforcement policy for violation.

I've typically seen enforcement of collecting assessments (i.e. monetary penalties) within the CC&Rs (the deed restrictions) and not within the Bylaws. What does your CC&Rs specify about assessments (setting them, collecting them, etc.)?
MikeJ13 (Texas)
Posts: 3
Posted:
Quote:
Posted By SteveM9 on 06/18/2013 11:14 AM
Guess I'm not sure what your asking. What you posted looks like a collection policy to me. It covers lateness, enforcement, notice, hearings, legal fees, etc.

Sorry for the confusion. I meant the ByLaws doesn't have a the collection policy for late HOA due. It seems that the Bylaws only states that the board can get a collection policy for fines.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Our collection policies for assessments (or dues) is in our CC&Rs. The subtitle is: "Collection of Assessments, Liens." Within that long section are many references to Calif. Civil Code. WE must read the relevant Civ. Code for details.

If your CC&Rs don't have a collection policy, procedures, etc., you may have to look at the statutes in Texas that are appropriate. If they're similar to ours, they set the number of days before an owner can be considered delinquent, the maximum late fee that the HOA can charge, and much more--like info on liens and foreclosures.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TimB4 on 06/18/2013 11:52 AM

Mike,
What do your CC&Rs specify about assessments (setting them, collecting them, etc.)?

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